Police (Northern Ireland) Act 1998 (c. 32)

Part VII N.I. Police complaints and disciplinary proceedings

Modifications etc. (not altering text)

C1 Pt. 7 applied (with modifications) (1.7.2008) by Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008 (S.R. 2008/242), regs. 1(2), 4-66

50 Interpretation of this Part. N.I.

(1) In this Part—

• “the appropriate disciplinary authority” means—

(a) in relation to a senior officer, the [F1 Board]; and

(b) in relation to any other member of the police force, the Chief Constable;

• “complaint” shall be construed in accordance with section 52(8);

• “complainant” means the person by, or on behalf of whom, a complaint is made;

• [F2 “ the Director ” means the Director of Public Prosecutions for Northern Ireland; ]

• “disciplinary proceedings” means—

(a) in relation to a member of the [F3 Police Service of Northern Ireland], proceedings identified as such by regulations under section 25;

(b) in relation to a reserve constable, proceedings identified as such by regulations under section 26;

• “officer of the Ombudsman” means—

(a) a person employed by the Ombudsman under paragraph 3(1) of Schedule 3;

(b) a person providing assistance to the Ombudsman in pursuance of arrangements made under paragraph 3(2) of Schedule 3;

(c) a member of the police force on temporary service with the Ombudsman in accordance with arrangements under paragraph 5 of Schedule 3;

(d) a member of the police force providing assistance to the Ombudsman under paragraph 6 of Schedule 3;

(e) a member of a police force in Great Britain on temporary service with the Ombudsman in accordance with arrangements under paragraph 8 of Schedule 3;

• “the Ombudsman” means the Police Ombudsman for Northern Ireland;

• “police officer” means a member of—

(a) the police force; or

(b) a police force in Great Britain;

• “prescribed” means prescribed by regulations under section 64;

• “serious complaint” means a complaint—

(a) alleging that the conduct complained of resulted in the death of, or serious injury to, some person; or

(b) of such other description as may be prescribed;

• “serious injury” means a fracture, damage to an internal organ or impairment of bodily function.

(2) Where a complaint is made orally, references in this Part to a complaint being referred to a body or person shall be read as references to particulars of the complaint being so referred.

Textual Amendments

F1 Words in s. 50 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

F2 Definition in s. 50(1) inserted (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 34(2), 87(1); S.R. 2005/281, art. 2(1), Sch. 1 para. 5

F3 Words in s. 50(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(b); S.R. 2001/396, art. 2, Sch.